H-4118              _______________________________________________

                                                   HOUSE BILL NO. 2914

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Betrozoff and Brumsickle

Read first time 1/24/90 and referred to Committee on Education.

AN ACT Relating to school levies; and amending RCW 84.52.053 and 28A.51.010.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 3, chapter 325, Laws of 1977 ex. sess. as last amended by section 103, chapter 2, Laws of 1987 1st ex. sess. and RCW 84.52.053 are each amended to read as follows:

          The limitations imposed by RCW 84.52.050 through 84.52.056, and 84.52.043 shall not prevent the levy of additional taxes by school districts, when authorized so to do by the electors of such school district in the manner and for the purposes and number of years allowable under Article VII, section 2(a) of the Constitution of this state, as amended by Amendment 79 and as thereafter amended, at a special or general election to be held in the year in which the levy is made or, in the case of a proposition authorizing two-year levies for maintenance and operation support of a school district or authorizing two-year through six-year levies to support the construction, modernization, or remodeling of school facilities, or both, at a special or general election to be held in the year in which the first annual levy is made((:  PROVIDED, That)).  No more than fifteen percent of the proceeds from a six-year levy for construction, modernization, or remodeling of school facilities may be used to purchase capital equipment that constitutes a fixture or interconnected system that is not part of a construction project.  Under no circumstances may the proceeds of a six-year levy be used to purchase replacement equipment. Once additional tax levies have been authorized for maintenance and operation support of a school district for a two year period, no further additional tax levies for maintenance and operation support of the district for that period may be authorized.

          A special election may be called and the time therefor fixed by the board of school directors, by giving notice thereof by publication in the manner provided by law for giving notices of general elections, at which special election the proposition authorizing such excess levy shall be submitted in such form as to enable the voters favoring the proposition to vote "yes" and those opposed thereto to vote "no".

        Sec. 2.  Section 28A.51.010, chapter 223, Laws of 1969 ex. sess. as last amended by section 10, chapter 186, Laws of 1984 and RCW 28A.51.010 are each amended to read as follows:

          The board of directors of any school district may borrow money and issue negotiable bonds therefor for the purpose of:

          (1) Funding outstanding indebtedness or bonds theretofore issued; or

          (2) For the purchase of sites for all buildings, playgrounds, physical education and athletic facilities and structures authorized by law or necessary or proper to carry out the functions of a school district; or

          (3) For erecting all buildings authorized by law, including but not limited to those mentioned in ((subparagraph)) subsection (2) ((immediately above)) of this section or necessary or proper to carry out the functions of a school district, and providing the necessary furniture, apparatus, or equipment therefor; or

          (4) For improving the energy efficiency of school district buildings and/or installing systems and components to utilize renewable and/or inexhaustible energy resources; or

          (5) For major and minor structural changes and structural additions to buildings, structures, facilities and sites necessary or proper to carrying out the functions of the school district; or

          (6) For any or all of these and other capital purposes.

The term of the bond shall not exceed the useful life of the facility or equipment purchased.

No more than fifteen percent of the proceeds from bonds issued for the purposes set forth in subsection (3), (4), or (5) of this section may be used to purchase capital equipment that constitutes a fixture or interconnected system that is not part of a construction project.

          Neither the amount of money borrowed nor bonds issued therefor shall exceed the limitation of indebtedness prescribed by chapter 39.36 RCW, as now or hereafter amended.

          Bonds may be issued only when authorized by the vote of the qualified electors of the district as provided by law.

          The bonds shall be issued and sold in accordance with chapter 39.46 RCW.